HomeMy WebLinkAboutRFP - 9851 ONE WATER EFFICIENCY ENGAGEMENT AND EQUITY ANALYSIS
RFP 9851 One Water Efficiency Engagement and Equity Analysis
REQUEST FOR PROPOSAL
9851 ONE WATER EFFICIENCY ENGAGEMENT AND EQUITY ANALYSIS
RFP DUE: 3:00 PM MT (Mountain Time), September 18, 2023
The City of Fort Collins is requesting proposals from qualified Service Providers (teams,
institutions, or individuals) to assist with an update to the Water Efficiency Plan (WEP) following
a One Water integrated planning approach.
Rocky Mountain E-Purchasing System hosted by BidNet
As part of the City’s commitment to sustainability, proposals must be submitted online through
the Rocky Mountain E-Purchasing System (RMEPS) at http://www.bidnetdirect.com/colorado/city-
of-fort-collins. Note: please ensure adequate time to submit proposals through RMEPS. Proposals
not submitted by the designated Opening Date and Time will not be accepted by RMEPS. A copy
of the RFP may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins.
This RFP has been posted utilizing the following Commodity Codes:
91812 - Analytical/Predictive Studies and Surveys (Consulting)
91832 - Consulting Services (Not Otherwise Classified)
91842 - Engineering Consulting
91865 - Human Relations Consulting
91873 - Landscaping Consulting
91879 - Utilities: Gas, Water, Electric Consulting
92533 - Engineer Services, Professional
92597 - Water Supply, Treatment, and Distribution/Engineering
92642 - Environmental Services (Not Otherwise Classified)
92672 - Planning and Advisory Services, Environmental
92695 - Water/Wastewater Conservation Services
All questions should be submitted, in writing via email, to JD McCune, Buyer II at
jmccune@fcgov.com, no later than 3:00 PM MT on September 6, 2023. Please format your
e-mail to include: RFP 9851 One Water Efficiency Engagement and Equity Analysis in the subject
line. Questions received after this deadline may not be answered. Responses to all questions
submitted before the deadline will be addressed in an addendum and posted on the Rocky
Mountain E-Purchasing System webpage.
Prohibition of Unlawful Discrimination: The City of Fort Collins, in accordance with the
provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-
4) and the Regulations, hereby notifies all proposers that it will affirmatively ensure that any
contract entered into pursuant to this advertisement, disadvantaged business enterprises will be
afforded full and fair opportunity to submit proposals in response to this invitation and will not be
discriminated against on the grounds of race, color, or national origin in consideration for an
award.
Financial Services
Purchasing Division
215 N. Mason St. 2nd Floor
PO Box 580
Fort Collins, CO 80522
970.221.6775
970.221.6707
fcgov.com/purchasing
RFP 9851 One Water Efficiency Engagement and Equity Analysis
The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of
gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age
40 years or older, marital status, disability, sexual orientation, genetic information, or other
characteristics protected by law. For the purpose of this policy “sexual orientation” means a
person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality.
The City also strictly prohibits unlawful harassment in the workplace, including sexual
harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages
in protected activity. Protected activity includes an employee complaining that he or she has been
discriminated against in violation of the above policy or participating in an employment
discrimination proceeding.
The City requires its Service Providers to comply with the City’s policy for equal employment
opportunity and to prohibit unlawful discrimination, harassment and retaliation. This requirement
applies to all third-party Service Providers and their subcontractors/subconsultants at every tier.
Public Viewing Copy: The City is a governmental entity subject to the Colorado Open Records
Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted hereunder are subject to
public disclosure by the City pursuant to CORA and City ordinances. Service Providers may
submit one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this
version of the proposal, Service Providers may redact text and/or data that it deems confidential
or proprietary pursuant to CORA. Failure to provide a public viewing copy will be considered a
waiver of any claim of confidentiality under CORA without regard to how the applicant’s proposal
or certain pages of the proposal are marked confidential, proprietary, or similar. Such statement
does not necessarily exempt such documentation from public disclosure if required by CORA, by
order of a court of appropriate jurisdiction, or other applicable law. Generally, under CORA trade
secrets, confidential commercial and financial data information is not required to be disclosed by
the City. Proposals may not be marked “Confidential” or ‘Proprietary’ in their entirety. By
responding to this RFP, Service Providers hereby waives any and all claims for damages against
the City for the City’s good faith compliance with CORA. All provisions of any contract
resulting from this request for proposal will be public information.
Service Providers Registration: The City requires new Service Providers receiving awards from
the City to submit IRS form W-9 and requires all Service Providers to accept Direct Deposit
(Electronic) payment. If needed, the W-9 form and the Vendor Direct Deposit Authorization Form
can be found on the City’s Purchasing website at www.fcgov.com/purchasing under Vendor
Reference Documents. Please do not submit these documents with your proposal, however,
if you take exception to participating in Direct Deposit (Electronic) payments please clearly note
such in your proposal as an exception. The City may waive the requirement to participate in
Direct Deposit (Electronic) payments at its sole discretion.
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall
have a financial interest in the sale to the City of any real or personal property, equipment,
material, supplies or services where such officer or employee exercises directly or indirectly any
decision-making authority concerning such sale or any supervisory authority over the services to
be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift,
gratuity favor, entertainment, kickback or any items of monetary value from any person who has
or is seeking to do business with the City of Fort Collins is prohibited.
RFP 9851 One Water Efficiency Engagement and Equity Analysis
Collusive or Sham Proposals: Any proposal deemed to be collusive or a sham proposal will be
rejected and reported to authorities as such. Your authorized signature of this proposal assures
that such proposal is genuine and is not a collusive or sham proposal.
The City of Fort Collins reserves the right to reject any and all proposals and to waive any
irregularities or informalities.
Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow
other state and local governmental agencies, political subdivisions, and/or school districts to
utilize the resulting award under all terms and conditions specified and upon agreement by all
parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in
the current term or in any future terms.
The selected Service Provider shall be required to sign the City’s Agreement prior to commencing
services (see sample attached to this document).
Sincerely,
Gerry Paul
Purchasing Director
RFP 9851 One Water Efficiency Engagement and Equity Analysis
I. OBJECTIVE & BACKGROUND
A. Objective
The City of Fort Collins (“City” or “Utilities”) is requesting proposals from qualified
Service Providers (teams, institutions, or individuals) to assist with an update to the
Water Efficiency Plan (WEP) following a One Water integrated planning approach. The
WEP guides Utilities’ efforts to reduce water demands by setting overall water use goals
and by identifying strategies to efficiently manage, conserve, and use water.
The Service Provider will work closely with Utilities staff to:
(1) Advise on and contribute to engagement planning efforts related to water efficiency
and conservation goals and strategies.
(2) Facilitate meetings with City departments to identify water efficiency and
conservation opportunities for the City’s water use and integrated water systems.
(3) Analyze and advise on the engagement process to help Utilities staff meet identified
goals which include outreach to marginalized community members and opportunities for
equitable participation in the WEP development process.
(4) Plan and conduct an equity analysis to evaluate likely outcomes from water efficiency
and conservation strategies and potential positive or negative outcomes for community
members. The analysis may consider current and future demographics, climate change
impacts, population growth, shifts in water use patterns, and/or how water demand
management strategies (efficiency programs, rates, municipal codes, etc.) are likely to
influence and impact community members.
B. Background
The City of Fort Collins is located 65 miles north of Denver in Larimer County, between
the Rocky Mountain foothills and the Eastern Plains of Colorado and along the Cache la
Poudre River. Fort Collins is home to Colorado State University and a few large
commercial enterprises. As the fourth-largest city in Colorado, Fort Collins covers over
57 square miles and has a population of approximately 172,300. The City of Fort Collins
tracks demographic information for consideration in policy development and planning
and to track changes over time. General population characteristics and links to additional
information are presented at www.fcgov.com/planning/trends.
Fort Collins Utilities is a not-for-profit, municipal utility that provides water, wastewater,
stormwater, and electric services. City departments provide the community with a range
of water-related services, including:
Water supply planning, monitoring, and protection
Delivery of clean, safe and reliable drinking water
Water conservation programs
Stormwater and flooding management
Wastewater collection and treatment
Restoration and management of the Poudre River and its tributaries
RFP 9851 One Water Efficiency Engagement and Equity Analysis
Utilities’ water supplies come from the Poudre River Basin and the Colorado-Big
Thompson (CBT) Project, which is stored in Horsetooth Reservoir. Utilities water service
currently supplies water to about 75% of Fort Collins’ residents and businesses. The
service area boundary for the water utility, which includes everyone within Fort Collins
city limits, is bordered by neighboring water districts. In 2022, Utilities supplied 8.8 billion
gallons of water to approximately 32,700 residential and 2,800 commercial accounts and
a service area population of approximately 146,000. Indoor water use accounted for
about 65% of all water demand. Water demand and conservation programs are
summarized in the 2022 Water Conservation Annual Report. Utilities posts current and
past water supply and demand information online (https://www.fcgov.com/water-supply).
Current estimates for Utilities’ service area show a population increase of up to about
195,000 by 2065. In addition, Utilities expects an increase in demands by large
contractual users into the future.
Water Efficiency Plan Overview
The Water Efficiency Plan (WEP) guides Utilities efforts to reduce water demands on its
water supplies by identifying strategies to efficiently manage, conserve, and use water.
Utilities’ current WEP, released in 2015, outlines a goal of reducing water use to 130
gallons per capita per day (GPCD) by 2030. Water conservation has a proven track
record of progressing toward the 2015 goal, with average annual consumption at 139
GPCD in 2022.
Utilities is updating the WEP to:
(1) Guide water use within the City organization and identify demand management
strategies that the organization can create to influence the community’s water use.
(2) Set overall water use reduction goals for the community and City-managed water
accounts.
(3) Prioritize conservation and efficiency strategies to manage service area water
demand, using various criteria.
The WEP update process will include developing a new water demand modeling tool.
Water demand goal setting and conservation strategy prioritization will consider water
savings, equitable outcomes, cost, and other variables under current and future climate
and population conditions. The process also aims to follow an integrated and
collaborative planning approach (One Water approach) that includes extensive
stakeholder outreach and engagement throughout the development of the WEP.
The updated 2024 WEP will meet Colorado Water Conservation Board (CWCB)
requirements and modernize the 2015 WEP by taking climate and population growth
predictions into account and considering equity in both engagement strategy
prioritization. The 2024 WEP update will outline a new roadmap for increased water
demand management that considers equitable outcomes; integrates with other areas of
the organization that either use water or could influence community water use, such as
parks, land use planning, stormwater, water distribution, etc.; and is based on
quantitative analysis of potential water savings from individual strategies. The WEP is
expected to guide Utilities’ activities through 2030, although the supporting analyses will
encompass a broader timeline to align with other City planning efforts. Staff will work on
the WEP update through Q4 2024, at which point Fort Collins City Council will consider
the updated 2024 WEP for adoption and Utilities will submit it to the CWCB for approval.
RFP 9851 One Water Efficiency Engagement and Equity Analysis
Note that the terms efficiency and conservation are used interchangeably in this RFP to
refer to water demand management practices. In general, water conservation refers to
human behaviors (e.g. taking shorter showers) while water efficiency refers to
technologies (e.g. high efficiency showerheads).
Associated Policies and Programs
In addition to the WEP, other plans and policies guide Utilities’ water supply and demand
management. Water conservation programs (fcgov.com/water-efficiency and
http://www.fcgov.com/save-water) help manage demand, and the Water Shortage Action
Plan establishes water shortage conditions and responses. Utilities plans for its future
water supplies around the framework outlined in the Water Supply and Demand
Management Policy.
Equity
The City of Fort Collins Equity and Inclusion Office (“Equity Office”) guides and
empowers City departments to advance equity and inclusion around their work, with the
desired goal to achieve equitable outcomes for the community. The Equity Office looks
within all aspects of City government to closely examine policies, practices, budget
allocations, and programs that may perpetuate institutional racism and systemic
inequities for various marginalized groups. The Equity Indicators Dashboard is online
(https://ftcollinscap.clearpointstrategy.com/equity-diversity-and-inclusion/). The Equity
Office describes equity as both a process and an outcome: A process by which policies,
programs and tools are developed to ensure the elimination of existing disparities and
includes inclusive engagement that leverages diversity. Equity becomes an outcome
once a person's identity or identities no longer impacts their ability to experience equality
and access to services. In the scope of work below, we seek equity in our engagement
process (Tasks 2, 3, and 4) and evaluation of equitable outcomes for water efficiency
strategies (Task 5).
An important guiding principle for the WEP update is to engage marginalized community
members (including those who have been historically and currently excluded and
underserved), while also pursuing broad general engagement, to develop inclusive
community-driven water efficiency goals and strategies. The City’s Our Climate Future
initiative identified 14 marginalized groups, including communities of color, community
members under age 29, DACA students, LGBTQIA+ communities, local indigenous and
migrant communities, communities of disability, veterans, religious minorities, people
experiencing homelessness, people living in manufactured homes, commuters, low-
income communities, and small businesses.
One Water Integrated Planning
The City-wide One Water Leadership (OWL) team started in 2021 and brings together
staff from Utilities and the broader City structure. This group emphasizes cross-
departmental communication about water and has completed one pilot project following
One Water guidance. In 2023, Utilities adopted a new mission statement: We are a One
Water Utility, providing exceptional water services for our community through integrated,
resilient, and equitable practices and systems. Utilities leadership plans to develop a
strategic plan to deliver on the One Water mission statement. The 2024 WEP update is
an opportunity to apply One Water principles to bring together water users across City
departments, as well as to support Utilities’ efforts to develop and implement a One
Water strategic plan.
RFP 9851 One Water Efficiency Engagement and Equity Analysis
One Water, as described by the Water Research Foundation in the 2017 Blueprint for
One Water is: “An integrated planning and implementation approach to managing finite
water resources for long-term resilience and reliability, meeting both community and
ecosystem needs.”
A One Water framework recognizes and builds on the interconnectedness of water
supplies, demands, stormwater, wastewater, and energy to identify inefficiencies. In their
2016 One Water Roadmap, the US Water Alliance identifies the following hallmarks of
One Water, which we strive to incorporate during this WEP update:
A mindset that all water has value
A focus on achieving multiple benefits – economic, environmental, social
Partnerships and collaboration as the cornerstone of progress
Inclusion and engagement for all to support equitable participation and outcomes
A systems approach that acknowledges the multiple influences on water resources
Watershed-scale management to foster regional partnerships
Right-sized solutions
We will draw on the integrated and collaborative planning approach outlined in the One
Water Blueprint for all planning an development aspects of the WEP update.
WEP Development and Engagement Approach
The engagement strategy is designed to cast a wide net, as water is essential for us all.
Some engagement efforts will target City staff, leadership, advisory commissions, and
content experts, while others will be offered to the community at large, with an emphasis
on marginalized community members. The engagement strategy will use feedback from
the community on needs and values, along with water demand modeling output, cost,
and best practice considerations, to evaluate potential efficiency and conservation goals
and strategies.
The engagement process will solicit diverse opinions and perspectives for consideration.
An equity lens will be applied throughout the project to both create an inclusive
engagement process that places importance on hearing from marginalized community
members, and to evaluate proposed conservation and efficiency strategies for
accessibility and barriers to ensure everyone in Fort Collins has an opportunity to benefit
from Utilities’ water conservation and efficiency efforts.
II. SCOPE OF PROPOSAL
A. Scope of Work
The awarded Service Provider will be responsible for co-planning engagement efforts
with a One Water approach, facilitating meetings with City staff to identify opportunities
for water conservation by City departments, supporting engagement tracking, evaluating
equity, and planning and conducting an analysis of equitable gaps and outcomes for
water efficiency strategies.
Tasks 1, 2, and 3 are priority tasks for 2023 and may continue into early 2024. Tasks 4
and 5 are expected to continue into 2024 depending on the timing of concurrent Utilities-
led public engagement processes that will be used to select potential demand
management strategies and future-state conditions to include in modeling scenarios.
RFP 9851 One Water Efficiency Engagement and Equity Analysis
Task 1. Project Management
At a minimum, the Service Provider project management functions shall include the
following:
Schedule and facilitate meetings, including a kickoff meeting, with Utilities staff as
needed to accomplish the project scope
Prepare and submit monthly schedule, budget, and project status reports with
invoices
Task 2. Engagement Planning
Following a One Water approach, the Service Provider (in close collaboration with the
WEP project team which may include Utilities Public Engagement, Communications,
Water Conservation, and Equity Office staff) will advise on and contribute to
engagement planning efforts with a team of City staff and community subject matter,
content, and context experts. Planning efforts will emphasize strategy and tactics
development to engage with marginalized community members, City departments that
use or manage water and land use, as well as broad engagement with residential and
commercial water users. The engagement planning process assumes that Utilities staff
will be the “face” of public/community engagement, while the Service Provider will lead
and facilitate engagement with City departments (Task 3).
The following goals have been identified for WEP engagement:
Goal 1: Center engagement in diversity, equity, and inclusion.
o Identify water use goals and efficiency strategies to include in the 2024 WEP
that are designed to:
achieve increased water savings without overburdening marginalized
community members.
ensure all community members, including marginalized groups can
benefit from Utilities’ water efficiency and conservation strategies and
the added resilience that it brings.
provide opportunities for broad participation in water efficiency
programs and conservation education.
o Identify metric(s) and goal(s) to screen potential efficiency and conservation
strategies for equitable outcomes.
Goal 2: Embrace a One Water planning approach.
o Integrate input and perspectives from staff, external experts, community
groups, and community members.
o Collect broad and diverse input to inform water use goals, and conservation
and efficiency strategies that consider the entire water cycle, from source to
reuse.
o Collect broad and diverse input on metrics and targets to evaluate equitable
outcomes of water conservation and efficiency strategies.
o Establish relationships and partnerships with local, trusted community
members.
o Align with the City’s One Water approaches to water supply and demand
management.
o Find strategies that reflect the interconnectedness of water use and land use
planning.
RFP 9851 One Water Efficiency Engagement and Equity Analysis
Goal 3: Ground engagement in water conservation and efficiency education
opportunities that increase awareness of current opportunities and recognition of the
value of conservation activities.
o Develop feedback activities that are interesting and interactive learning
experiences and help people relate to conservation and efficiency benefits.
o Provide equitable environments to ensure marginalized community members
can participate and feel included.
Goal 4: Collaborate with the City to determine organizational water use goals and
priorities for conservation and efficiency strategies.
o Gather staff input that considers administrative, process and City resource
impacts.
o Identify potential synergies with other departmental plans, policies, and/or
programs.
o Develop measurable water use goals specific to City indoor and outdoor
water use.
o Develop a minimum of two new water conservation or efficiency strategies to
be implemented by the City.
o Develop a preliminary, long list of water efficiency strategies that the WEP
project team would to (1) incorporate into public engagement for soliciting
broad community feedback and (2) evaluate for water savings potential,
equitable outcomes, cost, feasibility, and other metrics. List to be developed
by City staff (Water Conservation lead) in collaboration with Service Provider
and will be based on inventories of existing practices, meetings with City
departments, researching similar municipalities, and feedback from staff,
Water Commission, and preliminary targeted public engagement.
o Advance internal cross-departmental collaboration.
Goal 5: Collaborate with targeted stakeholders, including marginalized community
members, to develop a preliminary list of community water use goals and a list of
potential conservation and efficiency strategies to share for broad community input.
o Establish and maintain relationships with community members and
organizations, with a focus on involvement by marginalized community
members through innovative avenues such as community consultants.
Community consultants are compensated community members who share
their insights and may engage directly with their social networks (learn more
at fcgov.com/climateaction/ocf-partnership). Build trust, connections, seek
input, and share outcomes through these relationships.
o Maintain relationships and seek input from other stakeholders with high
knowledge, impact, or influence (e.g. Water Commission, high water users,
and business associations).
o Develop list of measurable water use goals that are based in quantitative
analysis of current and future water availability and needs.
o Develop a list of strategies that have measurable water savings aimed at
achieving the goals.
Goal 6: Consult the broad community to align conservation and efficiency goals and
strategies with local culture and values.
o Learn about desired ideal future state of water use goals and efficiency
strategies.
o Identify barriers to participation in existing programs and services.
RFP 9851 One Water Efficiency Engagement and Equity Analysis
o Identify new program opportunities and existing program improvements that
minimize barriers and make participation straightforward.
o Collect input on preliminary water use goals to determine alignment with
community values and learn if additional goals should be added.
o Collect input on preliminary water efficiency strategies to determine alignment
with community values and learn if additional strategies should be added to
meet the identified goals.
o Collect input on how Utilities should measure equity in water conservation
efforts.
Task 2 deliverables include: Review of relevant background materials; meetings with
Utilities staff to plan engagement efforts; memo or brief report with recommendations for
actions Utilities staff can take to meet the goals described above; and review of WEP
planning document(s) prepared by Utilities staff.
Task 3. Conduct and Track Engagement with City Departments
Service Provider will facilitate up to eight (8) meetings with City staff to determine
organizational water use goals and identify and prioritize water conservation and
efficiency strategies. Meetings will target the City’s largest water users who would be
impacted by updated WEP goals/strategies (e.g., Parks, Golf, Cemeteries, Operation
Services, Natural Areas, Forestry, Transfort), as well as City staff involved in planning or
other efforts associated with water use and water systems (e.g., One Water Leaders,
Planning and Zoning, Development Review, Stormwater, Water Resources, Wastewater,
Water Conservation).
Desired outcomes of engagement with City departments are described in Goal 4 above.
Task 3 deliverables include: Facilitation of up to four (4) in person meetings with City
staff; a memorandum or report to document engagement process, feedback, and
outcomes; and up to three (3) meetings (virtual or in person) with the WEP project team
to discuss or adjust engagement (if needed) and present results.
Task 4. As-Needed Consultation and Expert Support
Service Provider will be available as needed for a limited number of phone calls,
meetings, or emails to advise the WEP project team on questions associated with
engagement and equity. The City anticipates ongoing support through Q2 2024 related
to staff-led engagement efforts with community members, including marginalized groups,
and other residential and commercial water users. Additional support may be needed to
synthesize outcomes from internal meetings with City departments and identify or define
One Water strategies for City water use. The Service Provider may have limited
involvement with the water demand model consultants, such as participating in scenario
development meetings.
Task 5. Evaluate Equitable Outcomes
The Service Provider will develop and implement a methodology for evaluating equity.
This task acknowledges and responds to one definition of equity provided by the Equity
Office: equity involves treating individuals and communities with consideration for their
specific experiences, history, lived experiences, and needs in order to achieve equal
outcomes. Equity is about understanding that not everyone has the same level of access
to services and programs.
RFP 9851 One Water Efficiency Engagement and Equity Analysis
The evaluation should include:
Evaluation of the WEP development process and engagement efforts
Incorporation of stakeholder feedback from engagement efforts described above with
respect to equity and equitable outcomes.
Evaluation of expected outcomes from the water efficiency and conservation
strategies being considered for implementation to identify opportunities gaps and
potential positive or negative outcomes for historically marginalized community
members.
Utilities Water Conservation staff track program participation and have collected
demographic information from conservation program participants in recent years. This
data, including summaries of program participation synthesized with census-level
demographics, will be available to the Service Provider.
A key desire of the WEP development process is to identify potential negative and
positive outcomes associated with water efficiency strategies that may impact
community members, especially the most marginalized and vulnerable. Additionally, staff
would like to determine if the efficiency strategies under consideration leave “gaps” or
underestimate barriers that prevent meaningful opportunities for participation in
efficiency programs for all community members.
Task 5 deliverables include: Draft and final equity evaluation plan/methodology;
performing equity evaluation, up to three (3) meetings with WEP project team to develop
methodology, give progress update, and share equity evaluation results; summary
memo or report.
B. Minimum Qualifications
The City of Fort Collins is seeking a qualified Service Provider or team with the following
minimum qualifications/experience:
The awarded Service Provider shall be a firm, team, or individual regularly engaged in
planning, conducting, and documenting public engagement activities, performing
analyses of equitable outcomes, integrated resource planning and implementing One
Water principles.
The awarded Service Provider shall be led by a Project Manager with at least five (5)
years of applicable project experience including projects requiring similar methods.
Demonstrated ability to summarize and explain complex technical topics and analytical
results in a clear and accurate report format.
Additional desired experience/qualifications:
In addition to the minimum qualifications listed above, Service Providers are required
to describe their experience and expertise related to municipal government, land use
planning, and engineering/technical expertise for water, stormwater, and wastewater
systems.
RFP 9851 One Water Efficiency Engagement and Equity Analysis
C. Anticipated Schedule
The following represents the City’s target schedule for the RFP. The City reserves the
right to amend the target schedule at any time.
RFP issuance: August 24, 2023
Question deadline: 3:00 PM MT on September 6, 2023
Final Addendum Issued: September 11, 2023
Proposal due date: 3:00 PM MT on September 18, 2023
D. Budget
The tasks and deliverables described in Section II Scope of Proposal should be
completed by the Service Provider within a not to exceed budget of Fifty Thousand
Dollars ($50,000).
E. Interviews
In addition to submitting a written proposal, the top-rated Service Providers may be
interviewed by the RFP assessment team and asked to participate in an oral presentation
to provide an overview of the company, approach to the project and to address questions.
The evaluation criteria for the oral interviews will be the same as the criteria for the written
evaluations and is included in Section IV.
F. Travel & Expenses
Subject to the terms of the Agreement, reasonable expenses may be reimbursable per
the current rates found at www.gsa.gov. Service Provider will be required to provide
original receipts to the City for all travel expenses.
G. Subcontractors/Subconsultants
Service Provider will be responsible for identifying any subcontractors and/or
subconsultants in their proposal. Please note that the City will contract solely with the
awarded Service Provider; therefore, subcontractors and/or subconsultants will be the
responsibility of the Service Provider.
H. Current standards
All work and/or materials must meet current standards in force by recognized technical
and professional societies, trade and materials supply associations, institutes and
organizations, bureaus and testing laboratories, and national, federal, state, county, and
local laws, codes and ordinances.
I. Fees, Licenses, Permits
The successful Service Provider shall be responsible for obtaining any necessary
licenses, fees or permits without additional expense to the City. All vehicles and equipment
shall be properly licensed and insured, carry the appropriate permits and be placarded as
required by law.
RFP 9851 One Water Efficiency Engagement and Equity Analysis
J. Laws and Regulations
The Service Provider agrees to comply fully with all applicable local, State of Colorado
and Federal laws and regulations and municipal ordinances to include American
Disabilities Act (ADA).
K. Invoicing and Payment
Invoices should be emailed monthly to invoices@fcgov.com with a copy to the Project
Manager. The cost of the work completed shall be paid to the Service Provider each month
following the submittal of a correct invoice by the Service Provider indicating the project
name, Purchase Order number, task description, hours worked, personnel/work type
category, hourly rate for each employee/work type category, date of the work performed
specific to the task, percentage of that work that has been completed by task, 3rd party
supporting documentation with the same detail and a brief progress report.
Payments will be made using the prices stated in the Work Order and Agreement. In the
event a service is requested which is not stated in the Work Order and/or Agreement, the
Service Provider and the City will negotiate an appropriate unit price for the service prior
to the Service Provider initiating such work.
The City pays invoices on Net 30 terms.
III. PROPOSAL SUBMITTAL
Please limit the total length of your proposal to a maximum of fifteen (15) 8 ½ x 11” pages
(excluding cover pages, resumes, table of contents, dividers and Acknowledgement form).
Font shall be a minimum of 10 Arial and margins are limited to no less than .5” for sides and
top/bottom. Extended page sizes, such as 11” x 17”, count as a single page and may be used
for detailed pricing. Links to other files or websites shall not be permitted. Proposals that do
not conform to these requirements may be rejected.
Service Providers are required to provide detailed written responses to the following items in
the order outlined below. The responses shall be considered technical offers of what Service
Providers propose to provide and shall be incorporated in the contract award as deemed
appropriate by the City. A proposal that does not include all the information required may be
deemed non-responsive and subject to rejection.
Responses must include all the items in the order listed below. It is suggested that the Service
Providers include each of the City’s questions with their response.
The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and
presentation of their proposal.
A. Cover Letter / Executive Summary
The Executive Summary should highlight the content of the proposal and features of the
program offered, including a general description of the program and any unique aspects
or benefits provided by your firm.
B. Service Provider Information
1. Describe the Service Provider’s business and background
2. Number of years in the business
3. Details about ownership
RFP 9851 One Water Efficiency Engagement and Equity Analysis
4. An overview of services offered and qualifications
5. Size of the firm
6. Location(s) of offices. If multiple, please identify which will be the primary for our
account.
7. Primary contact information for the company including contact name(s) and title(s),
mailing address(s), phone number(s), and email address(s).
C. Scope of Proposal
1. Provide a detailed narrative of the services proposed if awarded the contract per the
scope above. The narrative should include any options that may be beneficial for the
City to consider.
2. Describe how the project would be managed and who would have primary
responsibility for its timely and professional completion.
3. Briefly describe the approach to execute the scope of work to include the methods and
assumptions used, and any exceptions and/or risks.
4. Describe the methods and timeline of communication your firm will use with the City’s
Project Manager and other parties.
5. Include a description of the software and other analysis tools to be used.
6. Identify what portion of work, if any, may be subcontracted or outsourced to
subconsultants. Include all applicable information herein requested for each Service
Provider.
7. Can the work be completed in the necessary timeframe and budget, with target start
and completion dates met?
8. Are other qualified personnel available to assist in meeting the project schedule if
required?
9. Is the project team available to attend meetings as required by the Scope of Work?
10. Provide an outline of the schedule for completing tasks.
D. Firm Capability and Assigned Personnel
Provide relevant information regarding previous experience related to this or similar
projects, to include the following:
1. Provide an Organization Chart/Proposed Project Team: An organization chart
containing the names of all key personnel and subconsultants with titles and their
specific task assignment for this Agreement shall be provided in this section.
2. Provide resumes for each professional and technical person to be assigned to the
project, including partners, subconsultants, and subcontractors. Please limit resumes
to one page. The résumés shall include at least three individual references from
previous assignments.
3. A list of qualifications for your firm and qualifications and experience of the specific
staff members proposed to perform the services described above.
RFP 9851 One Water Efficiency Engagement and Equity Analysis
4. References. Provide a minimum of three similar projects, in particular those completed
with public agencies, in the last 5 years that have involved the staff and
subcontractors/subconsultants proposed to work on this project. Include the owner’s
name, title of project, beginning price, ending price, contact name, email and phone
number, subconsultants on the team and a brief description of the work and any
change orders. The Service Provider authorizes the City to verify any and all
information contained herein and hereby releases all those concerned providing
information as a reference from any liability in connection with any information
provided.
5. Provide any information that distinguishes Service Provider from its competition and
any additional information applicable to this RFP that might be valuable in assessing
Service Provider’s proposal.
E. Sustainability/TBL Methodology
In concise terms (no more than two pages), please describe your organization’s
commitment to sustainability and supporting values.
Each element of the Triple Botto Line (TBL) sustainability criteria will receive equal
consideration in determining the final Sustainability/TBL score.
1. Address how your firm strives to incorporate all three aspects (social,
environmental, and economic) of TBL sustainable practices into the workplace.
Provide examples along with any metrics used to measure success within your
firm.
2. Also provide examples of how your firm has incorporated all three aspects of TBL
sustainable practices in previous similar projects on which your firm has been the
prime Service Provider.
Some examples are provided below:
a. Environmental – Experience delivering projects / programs focused on
environmental health priorities in the areas of climate resiliency, water quality
and watershed protection, regulatory performance, management systems,
air quality, renewable energy, sustainable building and design, construction
materials management, and solid waste reduction.
b. Economic – Experience working and delivering projects with an emphasis
on strategic financial planning, job creation, business development, asset
management, various project delivery methods, value engineering, regional
partnerships, transparency, stakeholder engagement, strategic investments,
aging infrastructure, repurposing of existing facilities, and competing
financial priorities.
c. Social - Experience working and delivering projects, programs, and/or
initiatives that support Equity, Diversity, and Inclusion throughout your firm’s
workplace, including leadership, and supply chain. Examples of this may be
demonstration of working within cultural and language gaps, development of
diversity programs, diverse project teams, equitable opportunity vendor
supply chain, and how your firm has applied an equity lens to processes
such as recruitment, hiring, purchasing, career pathways, salaries, and staff
engagement.
RFP 9851 One Water Efficiency Engagement and Equity Analysis
F. Cost and Work Hours
In your response to this proposal, please provide the following:
1. Estimated Hours by Task: Provide estimated hours for each proposed task by job title
and employee name, including the time required for meetings, conference calls, etc.
2. Cost by Task: Provide the cost of each task identified in the Scope of Proposal section.
Provide a total not to exceed cost for the Scope of Proposal. Price all additional
services/deliverables separately.
3. Schedule of Rates: Provide a schedule of billing rates by category of employee and
job title to be used during the term of the Agreement. This fee schedule will be firm for
at least one (1) year from the date of the Agreement. The fee schedule will be used as
a basis for determining fees should additional services be necessary. In subsequent
years, rates for additional services shall be escalated no more than three percent (3%)
per year.
4. Include a per meeting/phone call/email hourly rate related to scope item Task 4. A fee
schedule for subconsultants/subcontractors, if used, shall be included.
5. All direct costs (i.e., travel, printing, postage, etc.) specifically attributed to the project
and not included in the billing rates must be identified. Reasonable expenses may be
reimbursable as per the current rates found at www.gsa.gov. Service Provider will be
required to provide original receipts to the City for all travel expenses.
6. The preference is that there are no markups, but if markups are necessary, no greater
than 7.5% markup will be allowed on direct costs or subcontractors.
G. Sample Agreement
Included with this request for proposals is a sample Agreement that the City intends to
use for obtaining the services of the Service Provider. The Service Provider is required to
review this Agreement and indicate any objections to the terms of the contract. If revisions
to the contractual terms are requested, provide suggested revisions.
H. Acknowledgement
The Acknowledgement form is attached as Section V. Complete the attached form
indicating the Service Provider hereby acknowledges receipt of the City of Fort Collins
Request for Proposal and acknowledges that the Service Provider has read and agrees
to be fully bound by all of the terms, conditions and other provisions set forth in the RFP.
RFP 9851 One Water Efficiency Engagement and Equity Analysis
IV. REVIEW AND ASSESSMENT CRITERIA
Proposal and Optional Interview Criteria
Service Providers will be evaluated on the following criteria. This set of criteria will be the
basis for review and assessment of the written proposals and optional interview session. At
the discretion of the City, interviews of the top-rated Service Providers may be conducted.
The rating scale shall be from 1 to 10, a rating of 1 doesn’t meet minimum requirements, a
rating of 5 means the category fulfills the minimum requirements, and 10 exceeds minimum
requirements in that category.
CRITERIA
NUMBER
CRITERIA WEIGHTING FACTOR
1 FIRM CAPABILITY AND EXPIERENCE 45%
2 COST AND WORK HOURS 30%
3 PROJECT APPROACH 20%
4 SUSTAINABILITY/TBL METHODOLOGY 5%
RFP 9851 One Water Efficiency Engagement and Equity Analysis
V. ACKNOWLEDGEMENT
Service Provider hereby acknowledges receipt of the City of Fort Collins Request for Proposal
and acknowledges that it has read and agrees to be fully bound by all of the terms, conditions
and other provisions set forth in the RFP 9851 One Water Efficiency Engagement and Equity
Analysis and sample Agreement except as otherwise noted. Additionally, Service Provider
hereby makes the following representations to City:
a. All of the statements and representations made in this proposal are true to the best of the
Service Provider’s knowledge and belief.
b. Service Provider commits that it is able to meet the terms provided in this proposal.
c. This proposal is a firm and binding offer, for a period of 90 days from the date hereof.
d. Service Provider further agrees that the method of award is acceptable.
e. Service Provider also agrees to complete the proposed Agreement with the City of Fort
Collins within 10 days of notice of award. If contract is not completed and signed within
10 days, City reserves the right to cancel and award to the next highest rated firm.
f. Service Provider acknowledges receipt of addenda.
g. Service Provider acknowledges no conflict of interest.
h. Failure to provide a public viewing copy will be considered a waiver of any claim of
confidentiality under Colorado Open Records Act (CORA). Service Provider hereby
waives any and all claims for damages against the City for the City’s good faith compliance
with CORA.
Legal Firm Name:
Physical Address:
Remit to Address:
Name of Authorized Agent of Firm:
Signature of Authorized Agent:
Email of Authorized Agent:
Primary Contact for Project: Title:
Email Address: Phone:
NOTE: ACKNOWLEDGMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL.
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VI. SAMPLE AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN)
SERVICES AGREEMENT
WORK ORDER TYPE
THIS AGREEMENT made and entered into the day and year set forth below, by and
between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter
referred to as the "City" and , a(n) (ENTER STATE) Corporation, hereinafter referred to as
"Service Provider".
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by
and between the parties hereto as follows:
1. Services to be Performed.
a. This Agreement shall constitute the basic agreement between the parties for services
for . The conditions set forth herein shall apply to all services performed by the
Service Provider on behalf of the City and particularly described in Work Orders
agreed upon in writing by the parties from time to time. Such Work Orders, a sample
of which is attached hereto as Exhibit A, consisting of two (2) pages, and incorporated
herein by this reference, shall include a description of the services to be performed,
the location and time for performance, the amount of payment, any materials to be
supplied by the City and any other special circumstances relating to the performance
of services. No Work Order shall exceed $ . A general scope of services is
attached hereto as Exhibit C, consisting of ( ) page(s), and incorporated herein
by this reference.
The only services authorized under this Agreement are those which are performed
after receipt of such Work Order, except in emergency circumstances where oral work
requests may be issued. Oral requests for emergency actions will be confirmed by
issuance of a written Work Order within two (2) working days. Irrespective of
references in Exhibit A to certain named third parties, Service Provider shall be solely
responsible for performance of all duties hereunder.
b. The City may, at any time during the term of a particular Work Order and without
invalidating such Work Order, make changes to the scope of the particular services.
Such changes shall be agreed upon in writing by the parties by Change Order, a
sample of which is attached hereto as Exhibit B, consisting of one (1) page and
incorporated herein by this reference.
2. Changes in the Work. The City reserves the right to independently bid any services rather
than issuing work to the Service Provider pursuant to this Agreement. Nothing within this
Agreement shall obligate the City to have any particular service performed by the Service
Provider.
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3. Time of Commencement and Completion of Services. The services to be performed
pursuant to this Agreement shall be initiated as specified by each written Work Order or oral
emergency service request. Oral emergency service requests will be acted upon without
waiting for a written Work Order. Time is of the essence.
4. Contract Period. This Agreement shall commence , 2023 and shall continue in full
force and effect until , 2024, unless sooner terminated as herein provided. In addition,
at the option of the City, the Agreement may be extended for additional one year periods
not to exceed four (4) additional one year periods. Renewals and pricing changes shall be
negotiated by and agreed to by both parties only at the time of renewal. Written notice of
renewal shall be provided to the Service Provider and mailed no later than thirty (30) days
prior to contract end.
5. Delay. If either party is prevented in whole or in part from performing its obligations by
unforeseeable causes beyond its reasonable control and without is fault or negligence, then
the party so prevented shall be excused from whatever performance is prevented by such
cause. To the extent that the performance is actually prevented, the Service Provider must
provide written notice to the City of such condition within ten (10) days from the onset of
such condition.
6. Early Termination by City/Notices. Notwithstanding the time periods contained herein, the
City may terminate this Agreement at any time without cause by providing written notice of
termination to the Service Provider. Such notice shall be mailed at least ten (10) days prior
to the termination date contained in said notice unless otherwise agreed in writing by the
parties. In the event of early termination by the City, the Service Provider shall be paid for
services rendered to the date of termination, subject only to the satisfactory performance of
the Service Provider's obligations under this Agreement. Service Provider shall submit a
final invoice within ten (10) days of the effective date of termination. Undisputed invoices
shall be paid Net 30 days of the date of the invoice. Such payment shall be the Service
Provider's sole right and remedy for such termination.
7. Notices. All notices provided under this Agreement shall be effective immediately when
emailed or three business days from the date of the notice when mailed to the following
addresses:
Service Provider: City: Copy to:
Attn:
Email Address
City of Fort Collins
Attn:
PO Box 580
Fort Collins, CO 80522
Email Address
City of Fort Collins
Attn: Purchasing Dept.
PO Box 580
Fort Collins, CO 80522
purchasing@fcgov.com
8. City Representative. The City's representative will be shown on the specific Work Order
and shall make, within the scope of his or her authority, all necessary and proper decisions
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with reference to the work requested. All requests concerning this Agreement shall be
directed to the City Representative.
The initial City Representative for this agreement is [Enter Name] and can be reached at
[Enter Email] or [Enter Phone]. The Representative is subject to change by the City.
9. Contract Sum. This is an open-end indefinite quantity Agreement with no fixed price. The
actual amount of work to be performed will be stated on the individual Work Orders. The
City makes no guarantee as to the number of Work Orders that may be issued or the actual
amount of services which will in fact be requested.
10. Payments.
The City agrees to pay and the Service Provider agrees to accept as full payment for all
work done and all materials furnished and for all costs and expenses incurred in
performance of the work the sums set forth for the hourly labor rate and material costs, with
markups, stated within the Bid Schedule Proposal Form, attached hereto as Exhibit ,
consisting of ( ) page(s), and incorporated herein by this reference.
Invoices shall be emailed to invoices@fcgov.com with a copy to the City Representative.
The cost of the work completed shall be paid to the Service Provider following the submittal
of a correct itemized invoice by the Service Provider. The City is exempt from sales and use
tax. The City’s Certificate of Exemption license number is 09804502. A copy of the license
is available upon written request.
The City pays invoices on Net 30 days from the date of the invoice.
11. Appropriation. To the extent this Agreement or any provision in it constitutes a multiple fiscal
year debt or financial obligation of the City, it shall be subject to annual appropriation by City
Council as required in Article V, Section 8(b) of the City Charter, City Code Section 8-186,
and Article X, Section 20 of the Colorado Constitution. The City shall have no obligation to
continue this Agreement in any fiscal year for which no such supporting appropriation has
been made.
12. Liquidated Damages. OWNER and CONTRCTOR recognize that time is of the essence of
this Agreement and that OWNER will suffer financial loss if the Work is not completed within
the times specified in the Work Order, plus any extensions thereof allowed in accordance
with Article 12 of the General conditions. They also recognize the delays, expenses and
difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if
the Work is not completed on time. Accordingly, instead of requiring any such proof,
OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as
penalty) CONTRACTOR shall pay OWNER the amount set forth in each Work Order.
13. Independent Contractor. It is agreed that in the performance of any services hereunder, the
Service Provider is an independent contractor responsible to the City only as to the results
to be obtained in the particular work assignment and to the extent that the work shall be
done in accordance with the terms, plans and specifications furnished by the City.
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14.Subcontractors. Service Provider may not subcontract any of the Work set forth in the
subsequent Work Orders without the prior written consent of the City, which shall not be
unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of
the City), then the following provisions shall apply: (a) the subcontractor must be a reputable,
qualified firm with an established record of successful performance in its respective trade
performing identical or substantially similar work, (b) the subcontractor will be required to
comply with all applicable terms of this Agreement, (c) the subcontract will not create any
contractual relationship between any such subcontractor and the City, nor will it obligate the
City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor
will be subject to inspection by the City to the same extent as the work of the Service
Provider.
15.Personal Services. It is understood that the City enters into the Agreement based on the
special abilities of the Service Provider and that this Agreement shall be considered as an
agreement for personal services. Accordingly, the Service Provider shall neither assign any
responsibilities nor delegate any duties arising under the Agreement without the prior written
consent of the City.
16.Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the
services shall not be construed to operate as a waiver of any rights under the Agreement or
of any cause of action arising out of the performance of this Agreement.
17. Warranty.
a.Service Provider warrants that all work performed hereunder shall be performed with the
highest degree of competence and care in accordance with accepted standards for work
of a similar nature.
b.Unless otherwise provided in the Agreement, all materials and equipment incorporated
into any work shall be new and, where not specified, of the most suitable grade of their
respective kinds for their intended use, and all workmanship shall be acceptable to City.
c.Service Provider warrants all equipment, materials, labor and other work, provided under
this Agreement, except City-furnished materials, equipment and labor, against defects
and nonconformances in design, materials and workmanship/workwomanship for a
period beginning with the start of the work and ending twelve (12) months from and after
final acceptance under the Agreement, regardless whether the same were furnished or
performed by Service Provider or by any of its subcontractors of any tier. Upon receipt
of written notice from City of any such defect or nonconformances, the affected item or
part thereof shall be redesigned, repaired or replaced by Service Provider in a manner
and at a time acceptable to City.
18.Default. Each and every term and condition hereof shall be deemed to be a material element
of this Agreement. In the event either party should fail or refuse to perform according to the
terms of this Agreement, such party may be declared in default thereof.
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19.Remedies. In the event a party has been declared in default, such defaulting party shall be
allowed a period of ten (10) days within which to cure said default. In the event the default
remains uncorrected, the party declaring default may elect to (a) terminate the Agreement
and seek damages; (b) treat the Agreement as continuing and require specific performance;
or (c) avail themselves of any other remedy at law or equity. If the non-defaulting party
commences legal or equitable actions against the defaulting party, the defaulting party shall
be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees
and costs incurred because of the default.
20.Entire Agreement; Binding Effect; Order of Precedence; Authority to Execute. This
Agreement, along with all Exhibits and other documents incorporated herein, shall constitute
the entire Agreement of the parties regarding this transaction and shall be binding upon said
parties, their officers, employees, agents and assigns and shall inure to the benefit of the
respective survivors, heirs, personal representatives, successors and assigns of said
parties. Covenants or representations not contained in this Agreement shall not be binding
on the parties. In the event of a conflict between terms of the Agreement and any exhibit or
attachment, the terms of the Agreement shall prevail. Each person executing this
Agreement affirms that they have the necessary authority to sign on behalf of their
respective party and to bind such party to the terms of this Agreement.
21. Indemnity/Insurance.
a.The Service Provider agrees to indemnify and save harmless the City, its officers, agents
and employees against and from any and all actions, suits, claims, demands or liability
of any character whatsoever, brought or asserted for injuries to or death of any person
or persons, or damages to property arising out of, result from or occurring in connection
with the performance of any service hereunder.
b. The Service Provider shall take all necessary precautions in performing the work
hereunder to prevent injury to persons and property.
c.Without limiting any of the Service Provider's obligations hereunder, the Service Provider
shall provide and maintain insurance coverage naming the City as an additional insured
under this Agreement of the type and with the limits specified within Exhibit ,
consisting of one (1) page, attached hereto and incorporated herein by this reference.
The Service Provider before commencing services hereunder shall deliver to the City's
Purchasing Director, purchasing@fcgov.com or P. O. Box 580, Fort Collins, Colorado
80522 one copy of a certificate evidencing the insurance coverage required from an
insurance company acceptable to the City.
22.Law/Severability. The laws of the State of Colorado shall govern the construction,
interpretation, execution, and enforcement of this Agreement. The Parties further agree that
Larimer County District Court is the proper venue for all disputes. If the City subsequently
agrees in writing that the matter may be heard in federal court, venue will be in Denver
District Court. In the event any provision of this Agreement shall be held invalid or
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unenforceable by any court of competent jurisdiction, such holding shall not invalidate or
render unenforceable any other provision of this Agreement.
23.Prohibition Against Unlawful Discrimination. The City, in accordance with the provisions of
Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-4) and the
Regulations, affirmatively ensures that for all contracts entered into with the City,
disadvantaged business enterprises are afforded a full and fair opportunity to bid on the
contract and are not to be discriminated against on the grounds of race, color, or national
origin in consideration for an award.
The City strictly prohibits unlawful discrimination based on an individual’s gender
(regardless of gender identity or gender expression), race, color, religion, creed, national
origin, ancestry, age 40 years or older, marital status, disability, sexual orientation, genetic
information, or other characteristics protected by law. For the purpose of this policy “sexual
orientation” means a person’s actual or perceived orientation toward heterosexuality,
homosexuality, and bisexuality. The City also strictly prohibits unlawful harassment in the
workplace, including sexual harassment. Further, the City strictly prohibits unlawful
retaliation against a person who engages in protected activity. Protected activity includes
an employee complaining that he or she has been discriminated against in violation of the
above policy or participating in an employment discrimination proceeding.
The City requires its vendors to comply with the City’s policy for equal employment
opportunity and to prohibit unlawful discrimination, harassment and retaliation. This
requirement applies to all third-party vendors and their subcontractors at every tier.
24.Utilization by Other Agencies. [Optional] The City of Fort Collins reserves the right to allow
other state and local governmental agencies, political subdivisions, and/or school districts
to utilize the resulting award under all terms and conditions specified and upon agreement
by all parties. Usage by any other entity shall not have a negative impact on the City of Fort
Collins in the current term or in any future terms. Nothing herein shall be deemed to
authorize or empower the Agency to act as an agent for the City of Fort Collins in connection
with the exercise of any rights hereunder, and neither party shall have any right or authority
to assume or create any obligation or responsibility on behalf of the other. The other Agency
shall be solely responsible for any debts, liabilities, damages, claims or expenses incurred
in connection with any agreement established between them and the Service Provider. The
City’s concurrence hereunder is subject to the Service Provider’s commitment that this
authorization shall not have a negative impact on the work to be completed for the City.
25.Governmental Immunity Act. No term or condition of this Agreement shall be construed or
interpreted as a waiver, express or implied, of any of the notices, requirements, immunities,
rights, benefits, protections, limitations of liability, and other provisions of the Colorado
Governmental Immunity Act, C.R.S. § 24-10-101 et seq. and under any other applicable
law.
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26.Colorado Open Records Act. The City is subject to Sec. 24-72-201 et seq. of the Colorado
Revised Statute (CORA). This Agreement is subject to public disclosure in whole pursuant
to CORA.
27.Dust Control. The Service Provider shall abide by the City of Fort Collins “Dust Control and
Prevention Manual,” which is available for public download at https://www.
fcgov.com/airquality/pdf/dust-prevention-and-control-manual.pdf, and is incorporated
herein by this reference. The City of Fort Collins has implemented this manual for all projects
performed for the City of Fort Collins or located within the City of Fort Collins city limits.
28.Force Majeure. No Party hereto shall be considered in default in the performance of an
obligation hereunder to the extent that performance of such obligation is delayed, hindered,
or prevented by force majeure. Force majeure shall be any cause beyond the control of the
defaulting Party which could not reasonably have been foreseen and guarded
against. Force majeure includes, but is not limited to, acts of God, fires, riots, pandemics,
incendiarism, interference by civil or military authorities, compliance with regulations or
orders of military authorities, and acts of war (declared or undeclared), provided such cause
could not have been reasonably foreseen and guarded against by the defaulting
Party. Force majeure shall not include increases in labor, commodity, utility, material,
supply, fuel, or energy costs, or compliance with regulations or orders of civil authorities. To
the extent that the performance is actually prevented, the Consultant must provide written
notice to the City of such condition within ten (10) days from the onset of such condition.
29.Special Provisions. Special provisions or conditions relating to the services to be performed
pursuant to this Agreement are set forth in Exhibit - Confidentiality consisting of
three (3) pages, attached hereto and incorporated herein by this reference.
[Signature Page Follows]
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THE CITY OF FORT COLLINS, COLORADO
By:
Gerry Paul
Purchasing Director
Date:
ATTEST:
APPROVED AS TO FORM:
SERVICE PROVIDER
By:
Printed:
Title:
Date:
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EXHIBIT A
WORK ORDER FORM
PURSUANT TO A MASTER AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND
SERVICE PROVIDER
WORK ORDER NUMBER: PM's Tracking #
PROJECT TITLE:
ORIGINAL BID/RFP NUMBER & NAME:
MASTER AGREEMENT EFFECTIVE DATE: Original Contract Date
ARCHITECT/ENGINEER: If using a 3rd party architect/engineer or City
PM/Engineer
OWNER’S REPRESENTATIVE: City PM
WORK ORDER COMMENCEMENT DATE:
WORK ORDER COMPLETION DATE:
MAXIMUM FEE: (time and reimbursable direct costs):
PROJECT DESCRIPTION/SCOPE OF SERVICES:
Service Provider agrees to perform the services identified above and on the attached forms in
accordance with the terms and conditions contained herein and in the Master Agreement between
the parties. In the event of a conflict between or ambiguity in the terms of the Master Agreement
and this Work Order (including the attached forms) the Master Agreement shall control.
Pricing stated on this Work Order shall be consistent with the pricing in the Master Agreement or
subsequent renewals as of the Work Order commencement date and will be held firm through
completion of this Work Order.
The attached forms consisting of ( ) page(s) are hereby accepted and incorporated herein,
by this reference, and Notice to Proceed is hereby given after all parties have signed this
document.
SERVICE PROVIDER: Service Provider
By: Date:
Name: Title:
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OWNER’S ACCEPTANCE & EXECUTION:
This Work Order and the attached Contract Documents are hereby accepted and incorporated
herein by this reference.
ACCEPTANCE: Date:
Name, City Representative
REVIEWED: Date:
Name, Buyer or Senior Buyer
APPROVED AS TO FORM: Date:
Name, City Attorney's Title
(if greater than $1,000,000)
ACCEPTANCE: Date:
Name, Title
ACCEPTANCE: Date:
Name, Title
ACCEPTANCE: Date:
Kendall Minor, Utilities Executive Director
(if greater than $1,000,000)
ACCEPTANCE: Date:
Name, Purchasing Manager
ACCEPTANCE: Date:
Gerry Paul, Purchasing Director
(if greater than $60,000)
ACCEPTANCE: Date:
Kelly DiMartino, City Manager
(if greater than $1,000,000)
ATTEST: Date:
City Clerk
(if greater than $1,000,000)
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EXHIBIT B
CHANGE ORDER
NO.
PROJECT TITLE:
SERVICE PROVIDER:
WORK ORDER NUMBER:
PO NUMBER:
DESCRIPTION:
1. Reason for Change: Why is the change required?
2. Description of Change: Provide details of the changes to the Work
3. Change in Work Order Price:
4. Change in Work Order Time:
ORIGINAL WORK ORDER PRICE $ .00
TOTAL APPROVED CHANGE ORDER .00
TOTAL PENDING CHANGE ORDER .00
TOTAL THIS CHANGE ORDER .00
TOTAL % OF THIS CHANGE ORDER %
TOTAL C.O.% OF ORIGINAL WORK ORDER %
ADJUSTED WORK ORDER COST $ .00
SERVICE PROVIDER:
By: Date:
Name: Title:
ACCEPTANCE: Date:
Name, City Representative
REVIEWED: Date:
Name, Buyer or Senior Buyer
ACCEPTANCE: Date:
Name, Title
ACCEPTANCE: Date:
Gerry Paul, Purchasing Director (if greater than $60,000)
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EXHIBIT C
GENERAL SCOPE OF SERVICES
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EXHIBIT
BID SCHEDULE/ COMPENSATION
The following pricing shall remain fixed for the initial term of this Agreement. Any applicable price
adjustments may only be negotiated and agreed to in writing at the time of renewal.
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EXHIBIT
INSURANCE REQUIREMENTS
The Service Provider will provide, from insurance companies acceptable to the City, the insurance
coverage designated hereinafter and pay all costs. Before commencing work under this bid, the
Service Provider shall furnish the City with certificates of insurance showing the type, amount,
class of operations covered, effective dates and date of expiration of policies.
In case of the breach of any provision of the Insurance Requirements, the City, at its option, may
take out and maintain, at the expense of the Service Provider, such insurance as the City may
deem proper and may deduct the cost of such insurance from any monies which may be due or
become due the Service Provider under this Agreement.
Insurance certificates should show the certificate holder as follows:
City of Fort Collins
Purchasing Division
PO Box 580
Fort Collins, CO 80522
The City, its officers, agents and employees shall be named as additional insureds on the
Service Provider 's general liability and automobile liability insurance policies by marking
the appropriate box or adding a statement to this effect on the certificate, for any claims
arising out of work performed under this Agreement.
Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during
the life of this Agreement for all of the Service Provider's employees engaged in work
performed under this agreement. Workers' Compensation & Employer’s Liability insurance
shall conform with statutory limits of $100,000 per accident, $500,000 disease aggregate,
and $100,000 disease each employee, or as required by Colorado law.
B. General Liability. The Service Provider shall maintain during the life of this Agreement
such General Liability as will provide coverage for damage claims of personal injury,
including accidental death, as well as for claims for property damage, which may arise
directly or indirectly from the performance of work under this Agreement. Coverage for
property damage shall be on a "broad form" basis. The amount of insurance for General
Liability, shall not be less than $1,000,000 combined single limits for bodily injury and
property damage.
C. Automobile Liability. The Service Provider shall maintain during the life of this Agreement
such Automobile Liability insurance as will provide coverage for damage claims of
personal injury, including accidental death, as well as for claims for property damage,
which may arise directly or indirectly from the performance of work under this Agreement.
Coverage for property damage shall be on a "broad form" basis. The amount of insurance
for Automobile Liability, shall not be less than $1,000,000 combined single limits for bodily
injury and property damage.
In the event any work is performed by a subcontractor, the Service Provider shall be responsible
for any liability directly or indirectly arising out of the work performed under this Agreement by a
subcontractor, which liability is not covered by the subcontractor's insurance.
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EXHIBIT
CONFIDENTIALITY
IN CONNECTION WITH THE SERVICES to be provided by Service Provider under this
Agreement, the parties agree to comply with reasonable policies and procedures with regard to
the exchange and handling of confidential information and other sensitive materials between the
parties, as set forth below.
1. Definitions.
For purposes of this Agreement, the party who owns the confidential information and is
disclosing same shall be referenced as the “Disclosing Party.” The party receiving the
Disclosing Party’s confidential information shall be referenced as the “Receiving Party.”
2. Confidential Information.
Confidential Information controlled by this Agreement refers to information which is not public
and/or is proprietary and includes by way of example, but without limitation, City customer
information, utility data, service billing records, customer equipment information, location
information, network security system, business plans, formulae, processes, intellectual
property, trade secrets, designs, photographs, plans, drawings, schematics, methods,
specifications, samples, reports, mechanical and electronic design drawings, customer lists,
financial information, studies, findings, inventions, and ideas.
To the extent practical, Confidential Information shall be marked “Confidential” or
“Proprietary.” Nevertheless, Service Provider shall treat as Confidential Information all
customer identifiable information in any form, whether or not bearing a mark of confidentiality
or otherwise requested by the City, including but not limited to account, address, billing,
consumption, contact and other customer data. In the case of disclosure in non-documentary
form of non-customer identifiable information, made orally or by visual inspection, the
Disclosing Party shall have the right, or, if requested by the Receiving Party, the obligation to
confirm in writing the fact and general nature of each disclosure within a reasonable time after
it is made in order that it is treated as Confidential Information. Any information disclosed to
the other party prior to the execution of this Agreement and related to the services for which
Service Provider has been engaged shall be considered in the same manner and be subject
to the same treatment as the information disclosed after the execution of this Agreement with
regard to protecting it as Confidential Information.
3. Use of Confidential Information.
Receiving Party hereby agrees that it shall use the Confidential Information solely for the
purpose of performing its obligations under this Agreement and not in any way detrimental to
Disclosing Party. Receiving Party agrees to use the same degree of care Receiving Party
uses with respect to its own proprietary or confidential information, which in any event shall
result in a reasonable standard of care to prevent unauthorized use or disclosure of the
Confidential Information. Except as otherwise provided herein, Receiving Party shall keep
confidential and not disclose the Confidential Information. The City and Service Provider shall
cause each of their directors, officers, employees, agents, representatives, and
subcontractors to become familiar with, and abide by, the terms of this section, which shall
survive this Agreement as an on-going obligation of the Parties.
Service Provider shall not use such information to obtain any economic or other benefit for
itself, or any third party, other than in the performance of obligations under this Agreement.
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4. Exclusions from Definition.
The term “Confidential Information” as used herein does not include any data or information
which is already known to the Receiving Party or which before being divulged by the
Disclosing Party (1) was generally known to the public through no wrongful act of the
Receiving Party; (2) has been rightfully received by the Receiving Party from a third party
without restriction on disclosure and without, to the knowledge of the Receiving Party, a
breach of an obligation of confidentiality; (3) has been approved for release by a written
authorization by the other party hereto; or (4) has been disclosed pursuant to a requirement
of a governmental agency or by operation of law.
5. Required Disclosure.
If the Receiving Party is required (by interrogatories, requests for information or documents,
subpoena, civil investigative demand or similar process, or by federal, state, or local law,
including without limitation, the Colorado Open Records Act) to disclose any Confidential
Information, the Parties agree the Receiving Party will provide the Disclosing Party with
prompt notice of such request, so the Disclosing Party may seek an appropriate protective
order or waive the Receiving Party’s compliance with this Agreement.
The Receiving Party shall furnish a copy of this Agreement with any disclosure.
6. Notwithstanding paragraph 5, Service Provider shall not disclose Confidential Information to
any person, directly or indirectly, nor use it in any way, except as required or authorized in
writing by the City.
7. Red Flags Rules.
Service Provider must implement reasonable policies and procedures to detect, prevent and
mitigate the risk of identity theft in compliance with the Identity Theft Red Flags Rules found
at 16 Code of Federal Regulations part 681. Further, Service Provider must take appropriate
steps to mitigate identity theft if it occurs with one or more of the City’s covered accounts and
must as expeditiously as possible notify the City in writing of significant breeches of security
or Red Flags to the City.
8. Data Protection and Data Security.
In addition to the requirements of paragraph 7, Service Provider shall have in place
information security safeguards designed to conform to or exceed industry best practices
regarding the protection of the confidentiality, integrity and availability of utility and customer
information and shall have written agreements requiring any subcontractor to meet those
standards. These information security safeguards (the “Information Security Program”) shall
be materially consistent with, or more stringent than, the safeguards described in this Exhibit.
a) Service Provider’s information security safeguards shall address the following elements:
Data Storage, Backups and Disposal
Logical Access Control (e.g., Role-Based)
Information Classification and Handling
Secure Data Transfer (SFTP and Data Transfer Specification)
Secure Web Communications
Network and Security Monitoring
Application Development Security
Application Security Controls and Procedures (User Authentication, Security
Controls, and Security Procedures, Policies and Logging)
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Incident Response
Vulnerability Assessments
Hosted Services
Personnel Security
b) Subcontractors. Service Provider may use subcontractors, though such activity shall not
release or absolve Service Provider from the obligation to satisfy all conditions of this
Agreement, including the data security measures described in this Exhibit, and to require
a substantially similar level of data security, appropriate to the types of services provided
and Customer Data received, for any subcontractor Service Provider may use.
Accordingly, any release of data, confidential information, or failure to protect information
under this Agreement by a subcontractor or affiliated party shall be attributed to Service
Provider and may be considered to be a material breach of this Agreement.
9. Confidential Information is not to be stored on any local workstation, laptop, or media such as
CD/DVD, USB drives, external hard drives or other similar portable devices unless the Service
Provider can ensure security for the Confidential Information so stored. Work stations or
laptops to be used in the Work will be required to have personal firewalls on each, as well as
have current, active anti-virus definitions.
10. The Agreement not to disclose Confidential Information as set forth in this Exhibit shall apply
during the term of the Work and at any time thereafter unless specifically authorized by the
City in writing.
11. If Service Provider breaches this Agreement, in the City’s sole discretion, the City may
immediately terminate this Agreement and withdraw Service Provider’s right to access
Confidential Information.
12. Notwithstanding any other provision of this Agreement, all material, i.e., various physical forms
of media in which Confidential Information is contained, including but not limited to writings,
drawings, tapes, diskettes, prototypes or products, shall remain the sole property of the
Disclosing Party and, upon request, shall be promptly returned, together with all copies thereof
to the Disclosing Party. Upon such return of physical records, all digital and electronic data
shall also be deleted in a non-restorable way by which it is no longer available to the Receiving
Party. Written verification of the deletion (including date of deletion) is to be provided to the
Disclosing Party within ten (10) days after completion of engagement, whether it be via
termination, completion or otherwise.
13. Service Provider acknowledges that the City may, based upon the representations made in
this Agreement, disclose security information that is critical to the continued success of the
City’s business. Accordingly, Service Provider agrees that the City does not have an adequate
remedy at law for breach of this Agreement and therefore, the City shall be entitled, as a non-
exclusive remedy, and in addition to an action for damages, to seek and obtain an injunction
or decree of specific performance or any other remedy, from a court of competent jurisdiction
to enjoin or remedy any violation of this Agreement.